PROFESSIONAL ETHICS OF A LAWYER

Abstract

The article is devoted to the study of issues of professional ethics compliance by lawyers. Issues are covered from legal aspects and practical experience. The normative legal acts regulating the rules of behavior of the lawyer during the implementation of the lawyer’s activity and in everyday life have been thoroughly analyzed. The experience of practical compliance by both Ukrainian and foreign attorneys with the norms of the Law of Ukraine “On Advocacy and practice of law” and the Rules of Attorney Ethics is considered. It was found that the profession of a lawyer refers to the types of activities in which a person is the object: theirs rights and freedoms, legitimate interests, honor and dignity, and often their fate. Therefore, the attorneys community has its own professional morals and professional ethics, which it is obliged to strictly observe along with doctors, teachers, judges, prosecutors – the object of the profession of which is also a person. The review and description of the main principles on which the attorneys profession is based: the independence and freedom of the lawyer in the practice of law; legality; the priority of the client’s interests; inadmissibility of conflict of interests; confidentiality; competence and good faith; respect for the lawyer’s profession; honesty and good reputation. It has been established that adherence to the moral and ethical code, the generally accepted moral and ethical norms and European traditions of the lawyer’s activity are characteristic of the lawyer’s ethics. It is noted that such norms are developed directly by the lawyers themselves, bar associations, law offices and sanctioned by the subjects of acceptance. Attention is focused on disciplinary responsibility and the imposition of a disciplinary penalty on a lawyer for violating the Rules of Lawyer Ethics. Also, the judicial practice of the Supreme Court regarding bringing a lawyer to disciplinary responsibility by the Higher Qualification and Disciplinary Commission of the Bar or the corresponding Qualification and Disciplinary Commission of the Bar was also researched and analyzed.